20060925Amendment.pdf

Maura E. Peterson
Paralegal
Regulatory Law
RECEIVED
2006 SEP 25 PM 2: 2'
IDAHO PU'~'lI'
UTiLITIES CO~X~~~ISSION
Qwest
1600 7th Avenue, Room 3206
Seattle, Washington 98191
[phone]
Facsimile [phone]
Qwest~
Spirit of Service
Via Overnight delivery
September 21 2006
Jean Jewell, Secretary
Idaho Public Utilities Commission
472 West Washington Street
O. Box 83720
Boise, Idaho 83720-0074
Re: Case No. QWE-04-
Application for Approval of Amendment to the Interconnection Agreement
Collocation Decommission
Dear Ms. Jewell:
Enclosed for filing with this Commission on behalf of Qwest Corporation is an original and
three (3) copies of the Application for Approval of Amendment to the Interconnection
Agreement. Qwest respectfully requests that this matter be placed on the Commission
Decision Meeting Agenda for expedited approval.
Please contact me if ou have any questions concerning the enclosed. Thank you for your
assistance in t atter.
vt~)f::
Y.1 ~:7
mep
Enclosure
cc: Service list
Adam L. Sherr (WSBA# 25291)
Qwest
1600 7th Ave, Room 3206
Seattle, W A 98191
Telephone: [phone]
Facsimile: [phone]
Adam.sherr~qwest.com
RECEIVED
2006 SEP 25 PM 2:
IDAHO PUBlIC
UTILITIES COr\1~~1:3SI0N
BEFORE THE IDAHO PUBLIC UTILITIES COMMISSION
APPLICATION OF QWEST
CORPORATION FOR APPROVAL OF
AN INTERCONNECTION AGREEMENT
PURSUANT TO 47 U.C. ~252(e)
CASE NO.: QWE- T -04-
APPLICATION FOR APPROVAL OF
AMENDMENT TO THE
INTERCONNECTION AGREEMENT
Qwest Corporation ("Qwest") hereby files this Application for Approval of Amendment
to the Interconnection Agreement ("Amendment ), which was approved by the Idaho Public
Utilities Commission on September 14, 2004 (the "Agreement"). The Amendment with SBC
Long Distance, Inc. dba AT&T Long Distance ("AT&T") is submitted herewith.
This Amendment was reached through voluntary negotiations without resort to mediation
or arbitration and is submitted for approval pursuant to Section 252( e) of the Communications
Act of 1934, as amended by the Telecommunications Act of 1996 (the "Act"
Section 252(e)(2) of the Act directs that a state Commission may reject an amendment
reached through voluntary negotiations only if the Commission finds that: the amendment (or
portiones) thereof) discriminates against a telecommunications carrier not a party to this
agreement; or the implementation of such an amendment (or portion) is not consistent with the
public interest, convenience and necessity.
Qwest respectfully submits this Amendment provides no basis for either of these
findings, and, therefore requests that the Commission approve this Amendment expeditiously.
This Amendment is consistent with the public interest as identified in the pro-competitive
policies of the State of Idaho, the Commission, the United States Congress, and the Federal
Communications Commission. Expeditious approval of this Amendment will enable AT&T to
APPLICA nON FOR APPROVAL OF AMENDMENT TO THE INTERCONNECTION AGREEMENT - Page I
SBC Long Distance, Inc. dba AT&T Long Distance
COLLOCA nON DECOMMISSION AMENDMENT
interconnect with Qwest facilities and to provide customers with increased choices among local
telecommunications services.
Qwest further requests that the Commission approve this Amendment without a hearing.
Because this Amendment was reached through voluntary negotiations , it does not raise issues
requiring a hearing and does not concern other parties not a party to the negotiations.
Expeditious approval would further the public interest.
Respectfully submitted this 2I!...~y of September, 2006.
Adam L. Sherr
Attorney for Qwest
APPLICA TION FOR APPROVAL OF AMENDMENT TO THE INTERCONNECTION AGREEMENT - Page 2
SBC Long Distance, Inc. dba AT&T Long Distance
COLLOCA TION DECOMMISSION AMENDMENT
CERTIFICATE OF SERVICE
::.f
I hereby certify that on this -;1 ~day of September, 2006 , I served the foregoing
APPLICATION FOR APPROVAL OF AMENDMENT TO THE INTERCONNECTION
AGREEMENT upon all parties of record in this matter as follows:
Jean Jewell, Secretary
Idaho Public Utilities Commission
472 West Washington Street
O. Box 83720
Boise, Idaho 83720-0074
iiewell~puc.state.id.
Mark Mattson
Associate Director/Carrier Management
308 S. Akard, Three SBC Plaza, RM 1530.
Dallas, TX 75202
Adam McKinney
SBC Telecom, Inc.
308 S. Akard, One SBC Plaza, Suite 3004
Dallas, TX 75202
David Hammock
'Executive Director
SBC Telecom, Inc.
308 S. Akard
Three SBC Plaza, Suite 1520
Dallas, TX 75202
Ms. Debbi Soriano
Associate Director-Interconnection
SBC Telecom, Inc.
308 S. Akard
Three SBC Plaza, Suite 1520
Dallas, TX 75202
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APPLICATION FOR APPROVAL OF AMENDMENT TO THE INTERCONNECTION AGREEMENT - Page 3
SBC Long Distance, Inc. dba AT&T Long Distance
COLLOCATION DECOMMISSION AMENDMENT
Collocation Decommission Amendment
to the Interconnection Agreement between
Qwest Corporation
and
SBC Long Distance, Inc. dba AT&T Long Distance
for the State of Idaho
This is an Amendment ("Amendment") to the Interconnection Agreement between Qwest
Corporation ("Qwest"), a Colorado corporation, and .SBC Long Distance, Inc. dba AT&T Long
Distance ("CLEC"
RECITALS
WHEREAS, the Parties entered into an Interconnection Agreement, for services in the State of
Idaho that was approved by the Commission ); and
WHEREAS , the Parties wish to amend the Agreement under the terms and conditions
contained herein.
AGREEMENT
NOW THEREFORE , in consideration of the mutual terms, covenants and conditions contained
in this Amendment and other good and valuable consideration, the receipt and sufficiency of
which is hereby acknowledged , the Parties agree as follows:
Amendment Terms
The Agreement is hereby amended by adding the terms , conditions and rates for Collocation
Decommission , as set forth in Attachment 1 and Exhibit A, attached hereto and incorporated
herein.
Rates in Exhibit A shall be updated to reflect legally binding decisions of the Commission and
shall be applied on a prospective basis from the effective date of the legally binding Commission
decision, unless otherwise ordered by the Commission.
Effective Date
This Amendment shall be deemed effective upon Commission approval; however, the Parties
may agree to implement the provisions of this Amendment upon execution. To accommodate
this need , CLEC must generate , if necessary, an updated Customer Questionnaire. In addition
to the Questionnaire, all system updates will need to be completed by Qwest. CLEC will be
notified when all system changes have been made. Actual order processing may begin once
these requirements have been met. Additionally, Qwest shall implement any necessary billing
changes within two (2) billing cycles after the latest execution date of this Amendment, with a
true-up back to the latest execution date of this Amendment by the end of the second billing
cycle. The Parties agree that so long as Qwest implements the billing changes and the true-up
as set forth above, the CLEC's bills shall be deemed accurate and adjusted without error.
July 10, 2006/dhd/SBC LD lNG/Collocation Decommission/ID
Amendment to CDS-040803-0004
Amendments: Waivers
Except as modified herein , the provisions of the Agreement shall remain in full force and effect.
The provisions of this Amendment, including the provisions of this sentence, may not be
amended, modified or supplemented, and waivers or consents to departures from the provisions
of this Amendment may not be given without the written consent thereto by both Parties
authorized representative. No waiver by any Party of any default, misrepresentation , or breach
of warranty or covenant hereunder, whether intentional or not , will be deemed to extend to any
prior or subsequent default, misrepresentation , or breach of warranty or covenant hereunder or
affect in any way any rights arising by virtue of any prior or subsequent such occurrence.
Entire Agreement
The Agreement as amended (including the documents referred to herein) constitutes the full
and entire understanding and agreement between the Parties with regard to the subjects of the
Agreement as amended and supersedes any prior understandings, agreements, or
representations by or between the Parties, written or oral, to the extent they relate in any way to
the subjects of the Agreement as amended.
The Parties intending to be legally bound have executed this Amendment as of the dates set
forth below, in multiple counterparts, each of which is deemed an original , but all of which shall
constitute one and the same instrument.
SBC Long Distance, Inc.
dba AT&T Long Distance~Q-
Author ed Signature
Qwest Corporation
-A:Tf
Authorized Signature
Joe Carrisalez
Name PrintedlTyped
L. T. Christensen
Name PrintedlTyped
R-21- 06
Director -Interconnection AQreements
Title
'3 /cr()~Date
Executive Director - ReQulatorv
Title
Date
July 10, 2006/dhd/SBC LO lNG/Collocation Oecommission/IO
Amendment to COS-040803-0004
ATTACHMENT 1
ATTACHMENT 1
The numbering in this Attachment (which may not be consecutive) is used as a
convenience to the Parties and is not related to the numbering of the remainder of the
Agreement.
COLLOCATION DECOMMISSION22 Termination of Collocation Arrangement. CLEC may terminate a
completed Collocation arrangement by a Collocation Decommission or a Collocation
Transfer of Responsibility. A Collocation site is only eligible for Collocation
Decommission or a Collocation Transfer of Responsibility after the site is built-out and
accepted by CLEC. Abandoned equipment shall be handled as detailed in Section
22.
22.Collocation Decommission. Collocation Decommission refers to
the deactivation of a Collocation site occupied by CLEC and removal of CLEC
equipment. Collocation Decommission is offered for all types of Collocation. A
request for decommissioning is irrevocable once Qwest accepts the Collocation
Decommission Application.
22.Prior to submitting a Collocation Decommission
Application , all CLEC's financial obligations with respect to the Collocation
site to be decommissioned must be current, with the exception of formally
disputed charges. CLEC financial obligations include payment of one
hundred percent (100%) of all nonrecurring quoted charges and all
applicable monthly recurring charges that are more than thirty (30) Days
past due.
22.CLEC must disconnect all services, including any
administrative services, from the Collocation site to be decommissioned
prior to submitting the Collocation Decommission Application. All of
CLEC's administrative lines and End User Customer services need to be
disconnected via the appropriate Access Service Request (ASR) or Local
Service Request (LSR). If CLEC has not disconnected all services , all
charges with respect to the Collocation site will continue to accrue and
the Collocation Decommission Application will be rejected.
22.Prior to disconnecting its services, including
direct CLEC-to-CLEC connections, CLEC must notify, in writing,all of its current End User Customers affected by the
discontinuation of service. CLEC must submit an email
notification with the Collocation Decommission Application
representing to Qwest that all CLEC End User Customers have
been properly notified. For direct CLEC-to-CLEC connection
arrangements, CLEC should submit a letter of authorization (LOA)
signed by both CLECs involved in the direct CLEC-to-CLEC
connection arrangement. Failure to include such email notification
or LOA will result in the rejection of the Collocation Decommission
Application.
22.CLEC should remove its equipment prior to submitting a
July 10, 2006/dhd/SBC LD lNG/Collocation Decommission/ID
Amendment to CDS-O40803-0004
ATTACHMENT 1
Collocation Decommission Application. Equipment includes all CLEC
owned electronic equipment, equipment racks, mounting hardware , and
CLEC supplied cable (including direct CLEC-to-CLEC cables),
termination blocks and cage materials. If CLEC does not remove its
equipment within thirty (30) Days of Qwest'acceptance of the
Collocation Decommission Application, Qwest will send a notification
stating the equipment is considered abandoned. Upon receiving
notification of abandonment from Qwest, CLEC will have fifteen (15) Days
to notify Qwest that the equipment is not abandoned and remove its
equipment. If CLEC does not respond to the notification and remove the
equipment and Qwest determines that the equipment has been
abandoned, Qwest will send a detailed invoice for all charges and a final
notification and bill CLEC for any and all claims, expenses, fees or other
costs Qwest incurs as a result of the removal by Qwest of the abandoned
equipment, including any materials used in the removal and the hourly
labor rate charges. CLEC will hold Qwest harmless from the failure to
return any such equipment, property or other items.
22.1.4 Qwest will remove all Collocation entrance facilities. For
shared Collocation entrance facilities, Qwest will cut all fiber and/or
copper Collocation entrance facilities at the splice point in the Collocation
Point of Interconnection (C-POI). For express Collocation entrance
facilities , Qwest will remove and dispose of the Collocation entrance fiber.
22.For Virtual Collocation, Qwest will automatically remove all
equipment within ninety (90) Days. Qwest will negotiate with CLEC to
schedule the pick up of the equipment. There will be no charge for the
removal of CLEC's Virtual Collocation equipment.
22.For Collocations with direct CLEC-to-CLEC connection
arrangements, CLEC is required to disconnect and remove the direct
CLEC-to-CLEC connections. Qwest prefers that CLEC disconnect and
remove the direct CLEC-to-CLEC connection cables prior to submitting
the Collocation Decommission Application. If CLEC is not able to
disconnect and remove the cables prior to submitting the Collocation
Decommission Application CLEC will be allowed thirty (30) calendar
Days from Qwest's acceptance date of the Collocation Decommission
Application to disconnect and remove the direct CLEC-to-CLEC
connection cables. If CLEC has not removed the direct CLEC-to-CLEC
connections , it will be treated as abandoned equipment.
22.CLEC will be eligible for a refund for all elements defined
as either reusable or reimbursable, if acquired by another CLEC during
the following defined time period. An inventory will be completed
Qwest and furnished to CLEC within ninety (90) Days of the Collocation
Decommission Application acceptance identifying the reimbursable and
reusable elements and the potential credit.
22.Reimbursable elements considered for a
refund are: DSO, DS1, and DS3 termination cabling, and fiber
terminations , excluding Collocation entrance facility cabling.
These elements will be eligible for a refund for up to one (1) year
after the date of decommissioning.
July 10, 2006/dhd/SBC LD lNG/Collocation Decommission/ID
Amendment to CDS-040803-0004
ATTACHMENT 1
22.Reusable elements include components
used to provision the original Collocation site (e., cage, bays,
HVAC, cable racking). These elements will be eligible for a refund
for up to three (3) years after the date of decommissioning.
22.CLEC is required to return the space to turnover condition.
Turnover condition is defined as the same condition in which CLEC
originally assumed the Collocation site. CLEC must relinquish security
access if not currently leasing another Collocation site in the same Wire
Center when verification of equipment removal is completed. Security
access will be terminated within thirty (30) Days of receipt of an accepted
Collocation Decommission Application, unless alternative arrangements
have been agreed to by Qwest.
22.Ordering CLEC should submit a Collocation
Decommission Application form. Qwest will notify CLEC within one (1)
business day if the prerequisites have been met. If Qwest believes that
such prerequisites have not been met, Qwest will specifically identify the
information needed to make the Decommissioning Application complete.
Qwest will validate the order within two (2) business days from receipt of
the Collocation Decommission Application. Qwest will provide an
inventory of the eligible reimbursable and reusable elements and the
potential credits within ninety (90) Days of the Collocation Decommission
Application acceptance.
22.10 Billing
22.10.Qwest will not charge for decommissioning
Collocations unless equipment has been abandoned or the
Collocation space has not been returned to turnover condition.
Charges for work related to the removal of abandoned equipment
or returning the Collocation space to turnover condition include
miscellaneous hourly labor charges and, if applicable, dispatch
charges will apply for unmanned Central Offices and Remote
Collocations.
22.10.CLEC shall pay all monthly recurring
charges until Qwest validates the Collocation Decommission
Application. The effective date to cease the monthly recurring
Billing will coincide with the date that the complete Collocation
Decommission Application was submitted.
22.Abandoned Equipment. If Qwest finds , in the course of business
evidence to substantiate that any equipment or property of CLEC has been
abandoned or left unclaimed in or at any Premises, Qwest shall notify CLEC in
writing of the existence of such equipment or property and CLEC shall have thirty
(30) Days from the date of such notice to remove such equipment or property
from the Premises. If, prior to the termination of the thirty (30) Day period, CLEC
disputes that the equipment or property has been abandoned or left unclaimed at
the Premises CLEC shall provide written notice to Qwest of such dispute
Resolution Request") and commence Dispute Resolution proceedings pursuant
July 10, 2006/dhd/SBC LD lNG/Collocation Decommission/ID
Amendment to CDS-040803-0004
ATTACHMENT 1
to the Dispute Resolution Section of the Agreement. If no Resolution Request
has been delivered to Qwest within thirty (30) Days of the notice, all equipment or
property of CLEC not removed from the Premises shall conclusively be deemed
and construed to have been transferred , deeded, and assigned by CLEC to
Qwest and may be appropriated , sold , stored , destroyed and/or otherwise
disposed of by Qwest without further notice to CLEC and without obligation to
account therefore, and CLEC shall reimburse Qwest for all reasonable expenses
incurred in connection with the storage or other disposition of such equipment or
property. If CLEC delivers a Resolution Request but fails to commence Dispute
Resolution proceedings pursuant to the Dispute Resolution Section of this
Agreement or to otherwise resolve the dispute with Qwest, within thirty (30) Days
of the delivery of such Resolution Request, then thirty (30) Days after the date of
the Resolution Request, all equipment or property of CLEC not removed from the
Qwest Premises shall conclusively be deemed and construed to have been
transferred, deeded, and assigned by CLEC to Qwest and may be appropriated,
sold, stored, destroyed and/or otherwise disposed of by Qwest without further
notice to CLEC and without obligation to account therefore, and CLEC shall
reimburse Qwest for all reasonable expenses incurred in connection with the
storage or other disposition of such equipment or property Once the time period
for removal of all of CLEC's abandoned equipment or property has elapsed,
Qwest shall cease charging CLEC any recurring charges associated with the
Collocation Premise where such abandoned equipment or property was located.
You may be eligible for Reimbursable and Reusable Element credits based on
the type and quantity of reusable elements and your current Interconnection
Agreement rate for the reimbursable element. Any such credits, if applicable
shall be issued by Qwest in the form of a credit adjustment or check, as
appropriate. CLEC hereby releases and agrees to defend, indemnify, and hold
harmless Qwest from and against any and all costs, expenses , claims,
judgments, damages, liability or obligation arising out of or in connection with
Qwest's exercise of any or all of its rights under this Section. Notwithstanding the
provisions of this Section , where CLEC has submitted a Decommissioning
Application, the provisions of Section 8.22.1 of this Agreement, shall govern
the equipment or property of CLEC and not this Section unless CLEC fails to
remove its equipment or property in accordance with the terms of Section
22.1 of this Agreement.
July 10 , 2006/dhd/SBC LD lNG/Collocation Decommission/ID
Amendment to CDS-040803-0004
Negotiation s Template Exhibit A
Idaho
Collocation Decommissionin
16.Additional Labor Other - Basic
16.Additional Labor Other - Overtime
16.Additional Labor Other - Premium16.4 Additional Dispatch
$27.
$36.
$46.
Qwest's Tariff
FCC No.
Section 13
NOTES:
Unless otherwise indicated, all rates are pursuant to Idaho Public Utilities Commission Dockets:
B Cost Docket QWE-01-11 , Order No. 29408 (January 5,2004) rates effective January 5,2004.
Qwest Idaho TRRO Template Exhibit A Eighth Revision
June 1 2006 Page 1 of 1